C.S.H.B. 1534 78(R)    BILL ANALYSIS


C.S.H.B. 1534
By: Cook, Robby
Natural Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Most groundwater conservation districts are created by the confirmation
elections of local citizens who have the expectation that the district
will manage the groundwater resources for the benefit of all the well
users within its jurisdiction.  Many districts and potential districts
have experienced difficulties during the confirmation election process
because statutory language is often ambiguous, redundant and difficult to
understand.   

While Chapter 36, Water Code is designed as a toolbox from which local
districts can choose management tools that uniquely fit their aquifer and
the needs of their citizens, many individual citizens have interpreted
these as absolute dictates.  What one district may need, another may not
and vise versa.  It is left to the local district's board to decide,
through their rules process which includes public participation, which
tools will be used by a specific district.    

C.S.H.B. 1534 removes certain powers in Chapter 36, Water Code that have
not been used and are confusing to the electorate.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution.  

ANALYSIS

SECTION 1.  C.S.H.B. 1534 amends Section 36.103 (b) (5) by removing the
provision that allows a district to provide facilities for the purchase,
sale, transportation, and distribution of water and replacing it with a
provision that allows a district to provide facilities for water
conservation purposes.   

SECTION 2. C.S.H.B. 1534 amends Section 36.104, Water Code, removing the
words "for any purpose." 

SECTION 3. C.S.H.B. 1534 amends Section 36.105 (a) and (b), Water Code,
Eminent Domain by adding a restriction that eminent domain applies only
within the boundaries of the district and only for conservation purposes,
including recharge and reuse.   Additionally, a restriction is added to
state that the eminent domain cannot be used for the purpose of
production, sale or distribution of groundwater or surface water. 

Section 4.  C.S.H.B. 1534 amends Section 36.106, Water Code, Surveys by
deleting the provision referring to development, production,
transportation, distribution, and use of the  water.   

EFFECTIVE DATE

September 1, 2003.  C.S.H.B. 1534 also sets forth certain applicability
requirements of the Act. 


 
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1534 put back it Section 36.103 (b), Water Code, except (b) (5)
which is changed to "provide necessary facilities for water conservation
purposes."   It also struck "for any purpose" from Section 36.104, Water
Code rather than repealing the whole section.   Section 36.105, Water Code
dealing with eminent domain powers is amended, rather than repealed, to
allow eminent domain only within the boundaries of the district and only
for conservation purposes, including recharge and reuse.  Additionally, it
clarifies that eminent domain may not be used for the condemnation of land
for the purpose of production, sale or distribution of groundwater or
surface water.   Finally, in Section 36.106, Water Code, "for development,
production, transportation, distribution, and use of the water," is
stricken.